New York Attorney Genera Letitia James

New York Attorney Genera Letitia James

New York Attorney General Letitia James, in conjunction with a multistate coalition, announced Tuesday she is suing the U.S. Agriculture Department for illegally suspending SNAP benefits during the federal government shutdown.

The coalition, made up of 23 attorneys general and three governors, argues the USDA’s suspension of SNAP benefits violates federal law and risks leaving millions of Americans hungry starting Nov. 1, when the agency says debit cards beneficiaries used to buy groceries will not be reloaded.

“Millions of Americans are about to go hungry because the federal government has chosen to withhold food assistance it is legally obligated to provide,” said James. “There is no excuse for this administration to abandon families who rely on SNAP, or food stamps, as a lifeline.”

The coalition’s lawsuit demands the U.S. District Court for the District of Massachusetts force the USDA to use contingency funds for November benefits. The coalition argues the USDA, which it says has access to at least $6 billion of contingency funds, is legally required to continue providing benefits as long as it has funding. Other estimates put the contingency fund at $5.5 billion, according to the Washington Post, which says the government nutrition program needs $9.2 billion to pay benefits fully in November.

According to the coalition, the pause in providing benefits is avoidable. Contingency funds have been used in the past, including during the first Trump administration government shutdown, to maintain SNAP operations. However, the administration declared Oct. 24 that it will not use these funds to sustain SNAP operations for November.

This is the first time in SNAP’s 60-year history that the federal government is refusing to issue monthly food assistance because of a lapse in appropriations, according to James.

The administration’s decision not to issue November SNAP payments affects about 42 million Americans who depend on SNAP.

Most SNAP participants are families with children; more than 1 in 3 include older adults or someone with a disability, and close to 2 in 5 are households where someone is employed. Most have incomes that put them below the poverty line (about $32,000 for a family of four), according to an analysis by the Center on Budget and Policy Priorities.

The average monthly benefit is $187 per person, according to The Associated Press.

In New York, nearly 3 million people receive SNAP benefits.

According to the coalition, withholding benefits violates the Food and Nutrition Act of 2008, which reauthorized and expanded SNAP. They also argue that it violates the Administrative Procedure Act because the action is arbitrary and capricious.

James and the other 22 attorneys general in the coalition are awaiting a response from USDA Secretary Brooke Rollins to a letter they wrote him on Friday seeking clarification on how the administration plans to protect food assistance during the shutdown. The letter also included the proposed use of contingency funds.

Contingency plans

State governments controlled by both Democrats and Republicans are scrambling to help recipients, according to The Associated Press. But several say they don’t have the technical ability to fund the regular benefits.

Officials in Louisiana, Vermont and Virginia have pledged to provide some type of backup food aid for recipients even while the shutdown stalls the federal program, though state-level details haven’t been announced.

More funding for food banks and pantries is planned in states including New Hampshire, Minnesota, California, New Mexico, Connecticut and New York.

The USDA advised Friday that states won’t be reimbursed for funding the........

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